Bill Text: IL SB1445 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. If the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1445 Detail]

Download: Illinois-2019-SB1445-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1445 Introduced 2/13/2019, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-410
Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. If the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-410 as follows:
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secure
secured custody is a matter of immediate and urgent necessity
for the protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. A minor under 13 years of age shall not be admitted,
kept, or detained in a detention facility unless a local youth
service provider, including a provider through the

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Comprehensive Community Based Youth Services network, has been
contacted and has not been able to accept the minor. No minor
under 12 years of age shall be detained in a county jail or a
municipal lockup for more than 6 hours.
(a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight in
determining whether secured custody of a minor is a matter of
immediate and urgent necessity for the protection of the minor
or of the person or property of another.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by paragraph subsection
(b-5) shall not be applicable if the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
utilizes a scorable detention screening instrument, which has
been developed with input by the State's Attorney, to determine

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whether a minor should be detained, however, paragraph
subsection (b-5) shall still be applicable where no such
screening instrument is used or where the probation officer,
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
deviates from the screening instrument.
(b-5) Subject to the provisions of paragraph subsection
(b-4), if a probation officer or detention officer (or other
public officer designated by the court in a county having
3,000,000 or more inhabitants) does not intend to detain a
minor for an offense which constitutes one of the following
offenses he or she shall consult with the State's Attorney's
Office prior to the release of the minor: first degree murder,
second degree murder, involuntary manslaughter, criminal
sexual assault, aggravated criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, aggravated or heinous battery involving permanent
disability or disfigurement or great bodily harm, robbery,
aggravated robbery, armed robbery, vehicular hijacking,
aggravated vehicular hijacking, vehicular invasion, arson,
aggravated arson, kidnapping, aggravated kidnapping, home
invasion, burglary, or residential burglary. Any minor 10 years
of age or older arrested or taken into custody under this Act
for vehicular hijacking or aggravated vehicular hijacking
shall be detained in an authorized detention facility until a

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detention or shelter care hearing is held to determine if there
is probable cause to believe that the minor is a delinquent
minor and that: (1) secure custody is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another; (2) the minor is likely to flee
the jurisdiction of the court; or (3) the minor was taken into
custody under a warrant. If the court makes that determination,
the minor shall continue to be held until the disposition of an
adjudicatory hearing under this Article.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or

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lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain, and the length of
time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard
with adults confined pursuant to criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) the The age of the person;
(B) any Any previous delinquent or criminal
history of the person;
(C) any Any previous abuse or neglect history of
the person; and
(D) any Any mental health or educational history of

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the person, or both.
(d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound,
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays, and
court-designated court designated holidays. To accept or hold
minors during this time period, county jails shall comply with
all monitoring standards adopted by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and

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(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a county jail County Jail or municipal lockup under
the direct and constant supervision of a law enforcement
officer or correctional officer. During such time as is
necessary to process the minor, and while supervised by a law
enforcement officer or correctional officer, the sight and
sound separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having

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3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
revised 10-3-18.)